The opinion
FILED
Nov 07, 2025
07:00 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT KNOXVILLE
CLARENCE MITCHELL, JR., ) Docket No. 2025-30-0595
Employee, )
v. ) State File No. 5981-2024
KNOXVILLE AREA TRANSIT, )
Employer. ) Judge Lisa A. Lowe
EXPEDITED HEARING ORDER GRANTING BENEFITS
Clarence Mitchell suffered work-related left shoulder, wrist, and back injuries. At
an Expedited Hearing, he sought additional temporary disability benefits. Knoxville Area
Transit (KAT) denied his request because he failed to follow its transitional work program.
However, the Court holds that Mr. Mitchell would likely prevail at a hearing on the merits
on the transitional work issue and grants his request.
History of Claim
Mr. Mitchell worked as a bus driver for KAT. On January 23, 2024, he slipped on
black ice while walking to his bus, hurting his left shoulder, wrist, and back. KAT accepted
the claim.
Mr. Mitchell first treated with Dr. Paul Johnson for his back. Dr. Johnson offered
surgery; however, Mr. Mitchell declined. He underwent therapy and injections and took
medications. Dr. Johnson placed him at maximum medical improvement on August 7,
2024.
Dr. Johnson then retired, and Dr. Luke Madigan took over Mr. Mitchell’s back
treatment. Mr. Mitchell testified that his pain continued during the gap between the two
doctors. Dr. Madigan also recommended surgery, but Mr. Mitchell again declined. He
placed Mr. Mitchell at maximum medical improvement on August 12, 2025.
For his left shoulder, Mr. Mitchell treated with Dr. Michael Casey. From February
to April 2024, Dr. Casey recommended medication and physical therapy, and he assigned
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restrictions. Ultimately Dr. Casey performed surgery on October 17. On October 28, Dr.
Casey recommended physical therapy and assigned a restriction of “no use of injured arm.”
Mr. Mitchell, who worked for KAT for 14 years, testified KAT did not
accommodate light-duty restrictions, so if a worker were assigned light duty, they would
be sent home. However, at the end of January 2024, KAT implemented a new transitional
work program.
Several witnesses testified that employees with any work-related issues look to the
contract between KAT and the Union and KAT’s Handbook. The contract states in the
third paragraph on page three:
The Company may implement and enforce reasonable rules and regulations;
however, at least seven or more calendar days prior to implementation, the
Company will submit the same to the Union for review. In addition, the
Company will post the rule or regulation in a conspicuous place for each
department impacted by the rule and/or regulation prior to the effective date.
In the event the rules are not posted in accordance with the Agreement, said
rule will not be in effect until the rule is posted in accordance with this
Agreement.
Human Resource Specialist Synquis Harris testified that KAT did not post the new
transitional work program. She also testified that she did not inform Mr. Mitchell about
the new program because he was represented by an attorney at that time.
Additionally, paragraph 23 on page 25 of the contract states:
Excessive absences – the only absences not subject to the guidelines of the
absence policy as defined in work rules are: miss-outs, suspensions, bona
fide union business, approved leaves of absence, bereavement leave, military
or jury duty, vacations, holidays, FMLA, paid sick leave and occupational
illnesses or injury while working at [KAT].
On November 12, KAT sent Mr. Mitchell a letter offering transitional light-duty
work with a local nonprofit. He testified he received the letter on November 15. The job
description included: sorting, inventory, sizing clothes, stocking in the warehouse, and light
cleaning. The letter directed Mr. Mitchell to report to the nonprofit on November 18, and
it cautioned that declining light-duty work might affect his right to receive ongoing
workers’ compensation benefits.
Mr. Mitchell did not believe he could return to light-duty work, as he was only four
weeks out from surgery, on pain medications, and attending physical therapy. He testified
he was still having a great deal of pain and trouble sleeping, and he felt rushed and
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intimidated. He said he had never heard of this new policy, and coworkers told him that it
had not been posted per the contract. Additionally, no language in the letter said that he
could be terminated for failure to appear, and the contract exempts absences from a work
injury from the excessive absence policy. So, he did not appear for the transitional work.
KAT terminated Mr. Mitchell on December 12 because he refused to perform the
light-duty transitional work that “coincides with KAT’s attendance policy.” Mr. Mitchell
has not worked since.
Findings of Fact and Conclusions of Law
Mr. Mitchell must show that he is likely to prevail at a hearing on the merits. Tenn.
Code Ann. § 50-6-239(d)(1) (2024); McCord v. Advantage Human Resourcing, 2015 TN
Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).
For temporary partial disability benefits, Mr. Mitchell must show that his treating
physician returned him to work with restrictions that KAT either could not or would not
accommodate. Jones v. Crencor Leasing and Sales, 2015 TN Wrk. Comp. App. Bd.
LEXIS 48, at *7, 8 (Dec. 11, 2015).
Employers may use transitional work programs. See Lasser v Waste Mgmt., 2018
TN Wrk. Comp. App. Bd. LEXIS 20, at *13 (May 24, 2018). However, the Court must
address the reasonableness of KAT’s offer of transitional light-duty and the reasonableness
of Mr. Mitchell’s refusal. The reasonableness of temporary transitional work is dependent
upon the facts of each case. Id.
Even though KAT had the transitional work program in place in January or February
2024, it did not offer Mr. Mitchell transitional work while he was under restrictions from
February to April. The first offer of transitional work came approximately a month after
Mr. Mitchell’s surgery, while he was still taking pain medications, going to physical
therapy, and restricted from using his left arm. The work duties included: sorting,
inventory, sizing clothes, stocking in the warehouse, and light cleaning. The Court finds
that Mr. Mitchell could not perform those tasks safely or effectively without the use of his
left arm and while taking pain medication.
Further, Mr. Mitchell had no knowledge of KAT’s new transitional work program
before receiving the offer letter. He knew that the contract required any change to be
posted, and it was not. He also knew that the contract exempted him from excessive
absences since he had a work injury.
Thus, the Court finds that based on his condition and what he knew about the posting
requirement and exemption from KAT’s absenteeism policy, Mr. Mitchell will likely prove
at a hearing on the merits that he was reasonable in declining the transitional light duty.
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Mr. Mitchell’s average weekly wage was $1,407.94, which results in a
compensation rate of $938.67. He last received temporary benefits on November 20, 2024,
and Dr. Madigan placed him at maximum medical improvement on August 12, 2025. The
Court finds that Mr. Mitchell is likely to prove entitlement to 38 weeks of temporary partial
disability benefits, or $35,669.59.
IT IS, THEREFORE, ORDERED as follows:
1. Knoxville Area Transit shall provide medical care for Clarence Mitchell’s injuries
as required by Tennessee Code Annotated section 50-6-204 (2024).
2. Knoxville Area Transit shall pay Mr. Mitchell past temporary partial disability
benefits in the amount of $35,669.59.
3. The Court sets a Scheduling Hearing on January 27, 2026, at 9:30 a.m. Eastern
Time. The parties must call (855) 383-0003 to participate.
4. Unless an interlocutory appeal is filed, compliance must occur by seven business
days of entry of this order as required by Tennessee Code Annotated section 50-6-
239(d)(3).
ENTERED November 7, 2025.
_____________________________________
JUDGE LISA A. LOWE
Court of Workers’ Compensation Claims
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APPENDIX
Exhibits:
1. Rule 72 Declaration of Clarence Mitchell
2. Light Duty Offer/Transitional Work Placement Agreement
3. Personnel Records
4. Phone Record History, November 2024 – January 2025
5. Calendar Entries, May – December 2024
6. Sedgwick Claim File
7. Excerpts of Union Handbook
8. Return to Work Instructions – The Center
9. Medical Records of Premise Health ROI Service Area
10. Medical Records of Tennessee Orthopaedic Alliance
11. Medical Records of Knoxville Orthopedic Clinic
12. Medical Records of University Diagnostic
13. Medical Records of Physician Surgery Center of Knoxville
14. Medical Records of Benchmark Physical Therapy
15. Medical Records of Select Physical Therapy
16. Cora Physical Therapy Functional Capacity Evaluation
17. Results Physiotherapy Functional Capacity Evaluation
18. KAT’s return to work policy
19. KAT & Union Meeting Notes March 11,2024
20. KAT’s interrogatory responses
21. Letter from Mr. Mitchell’s former attorney, Glen Rutherford
22. Statements after Union meeting, October 27 – Late-filed
23. Second Union grievance – Late-filed
24. Entire contract booklet
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CERTIFICATE OF SERVICE
I certify that a copy of the order was sent as shown on November 7, 2025.
Name Mail Email Service sent to:
Clarence Mitchell, Jr., X X 2645 E. 5th Avenue
Self-Represented Knoxville, TN 37914
Employee mitchell3438@gmail.com
Jimmy Johnson X jjohnson@knoxvilletn.gov
Employer’s Attorney
_____________________________________
PENNY SHRUM, Court Clerk
WC.CourtClerk@tn.gov
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Right to Appeal:
If you disagree with the Court’s Order, you may appeal to the Workers’ Compensation
Appeals Board. To do so, you must:
1. Complete the enclosed form entitled “Notice of Appeal” and file it with the Clerk of the
Court of Workers’ Compensation Claims before the expiration of the deadline.
¾ If the order being appealed is “expedited” (also called “interlocutory”), or if the
order does not dispose of the case in its entirety, the notice of appeal must be filed
within seven (7) business days of the date the order was filed.
¾ If the order being appealed is a “Compensation Order,” or if it resolves all issues
in the case, the notice of appeal must be filed within thirty (30) calendar days of
the date the Compensation Order was filed.
When filing the Notice of Appeal, you must serve a copy on the opposing party (or attorney,
if represented).
2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten calendar
days after filing the Notice of Appeal. Payments can be made in-person at any Bureau office
or by U.S. mail, hand-delivery, or other delivery service. In the alternative, you may file an
Affidavit of Indigency (form available on the Bureau’s website or any Bureau office)
seeking a waiver of the filing fee. You must file the fully-completed Affidavit of Indigency
within ten calendar days of filing the Notice of Appeal. Failure to timely pay the filing
fee or file the Affidavit of Indigency will result in dismissal of your appeal.
3. You are responsible for ensuring a complete record is presented on appeal. If no court
reporter was present at the hearing, you may request from the Court Clerk the audio
recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your
appeal, which the Appeals Board has emphasized is important for a meaningful review of
the case, a licensed court reporter must prepare the transcript, and you must file it with the
Court Clerk. The Court Clerk will prepare the record for submission to the Appeals Board,
and you will receive notice once it has been submitted. For deadlines related to the filing of
transcripts, statements of the evidence, and briefs on appeal, see the applicable rules on the
Bureau’s website at https://www.tn.gov/wcappealsboard. (Click the “Read Rules” button.)
4. After the Workers’ Compensation Judge approves the record and the Court Clerk transmits
it to the Appeals Board, a docketing notice will be sent to the parties.
If neither party timely files an appeal with the Appeals Board, the Court Order
becomes enforceable. See Tenn. Code Ann. § 50-6-239(d)(3) (expedited/interlocutory
orders) and Tenn. Code Ann. § 50-6-239(c)(7) (compensation orders).
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
NOTICE OF APPEAL
Tennessee Bureau of Workers’ Compensation
www.tn.gov/workforce/injuries-at-work/
wc.courtclerk@tn.gov | 1-800-332-2667
Docket No.: ________________________
State File No.: ______________________
Date of Injury: _____________________
___________________________________________________________________________
Employee
v.
___________________________________________________________________________
Employer
Notice is given that ____________________________________________________________________
[List name(s) of all appealing party(ies). Use separate sheet if necessary.]
appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the
Workers’ Compensation Appeals Board;ĐŚĞĐŬŽŶĞŽƌŵŽƌĞĂƉƉůŝĐĂďůĞďŽdžĞƐĂŶĚŝŶĐůƵĚĞƚŚĞĚĂƚĞĨŝůĞͲ
ƐƚĂŵƉĞĚŽŶƚŚĞĨŝƌƐƚƉĂŐĞŽĨƚŚĞŽƌĚĞƌ;ƐͿďĞŝŶŐĂƉƉĞĂůĞĚͿ͗
ප Expedited Hearing Order filed on _______________ ප Motion Order filed on ___________________
ප Compensation Order filed on__________________ ප Other Order filed on_____________________
issued by Judge _________________________________________________________________________.
Statement of the Issues on Appeal
Provide a short and plain statement of the issues on appeal or basis for relief on appeal:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Parties
Appellant(s) (Requesting Party): _________________________________________ ܆Employer ܆Employee
Address: ________________________________________________________ Phone: ___________________
Email: __________________________________________________________
Attorney’s Name: ______________________________________________ BPR#: _______________________
Attorney’s Email: ______________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellant *
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Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________
Appellee(s) (Opposing Party): ___________________________________________ ܆Employer ܆Employee
Appellee’s Address: ______________________________________________ Phone: ____________________
Email: _________________________________________________________
Attorney’s Name: _____________________________________________ BPR#: ________________________
Attorney’s Email: _____________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellee *
CERTIFICATE OF SERVICE
I, _____________________________________________________________, certify that I have forwarded a
true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described
in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this
case on this the __________ day of ___________________________________, 20 ____.
______________________________________________
[Signature of appellant or attorney for appellant]
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